Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST UPDATE No 289 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B PART-3

GST UPDATE No 289 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B PART-3
We have extensively covered various presentational issues faced by the assessees in the new format of GSTR-3B which has been made applicable for the return filed for the month of August, 2022. In the present update, we seek to point out some more practical difficulties being faced by the assessees while filing their GSTR-3B in the new format.
We hereby discuss the various practical issues of presentation being faced by the assessees as follows:-
1. Adjustment of ITC pertaining to bill of entry not reflected in serial no. 4A(1) of GSTR-3B:- It is observed that at times, input tax credit of certain bill of entries are not reflected in the serial no. 4A(1) of the GSTR-3B due to technical glitches on the portal. However, the original copy of bill of entry and the imported goods have been received in the premises of the assessee. In such a scenario, the assessee will edit the amount mentioned in serial no. 4A (1) of the GSTR-3B itself.
Now, the question arises is in case where the imported goods are not received in the factory premises or the bill of entry is not received but the amount of input tax credit (say Rs. 11,000/-) is being reflected in GSTR-2B and the auto-populated figure of serial no. 4A(1), whether the said amount of Rs. 11,000/- is to be reduced from serial no. 4A(1) of GSTR-3B or the said amount of Rs. 11,000/- will need to be reflected as reversal under serial no. 4B(2) of GSTR-3B. Thereafter, if the amount is reflected as reversal, in such case, when the imported goods and bill of entry are received, the ITC of Rs. 11,000/- is to be claimed in serial no. 4A(1) and also reflected in serial no. 4D(1). In nutshell, whether assessee needs to follow the practise of reflection of discrepancy in the auto-populated figure with respect to import of goods in the same manner as is done for “all other ITC”? If the clarification issued vide Circular no. 170/02/2022-GST dated 06.07.2022 is pursued, it is found that reference is made to auto-population of table 4A of GSTR-3B from various tables of FORM GSTR-2B. Consequently, as the
circular does not specifically refer to table 4A(5), it appears that the mechanism as suggested needs to be followed for ITC pertaining to different clauses of table 4A. Hence, the practise of reflecting Rs. 11,000/- as reversal under serial no. 4B(2) of GSTR-3B needs to be followed. It is pertinent to mention here that as per provision contained in section 16(2)(aa) of the CGST Act, 2017 requires that in order to claim ITC, the details of invoice or debit note has been furnished by the supplier in GSTR-1 and such details have been communicated to the recipient in GSTR-2B. The provision does not mentions bill of entry so the input tax credit of bill of entry can be claimed irrespective of the fact that the said ITC is appearing in GSTR-2B or not. Consequently, there should not be any requirement to follow the mechanism of presentation as stated in the circular with respect to import of goods. Furthermore, following the practise as mentioned in the circular will increase complexities as it will lead to double reporting of figures thereby requiring in-depth analysis while filing annual return. However, in order to maintain consistency, the assessees may follow the mechanism of presentation as stated in the circular for ITC pertaining to import of goods also.
2. Treatment regarding discrepancy in auto-populated figure of ITC of ISD:- At times, it is possible that there is discrepancy in the auto-populated figure of ITC in serial no. 4A(4) of the GSTR-3B. For example- out of 5 invoices, ITC pertaining to 3 invoices are only being reflected in the auto-populated figure. In such a case, the assessee will again need to amend the figure reported in table 4A (4) by adding the amount of ITC pertaining to 2 invoices not considered in the auto-populated figure. Likewise, if in the above example, the assessee had not received 2 invoices, but ITC pertaining to the said 2 invoices (say Rs. 11,000/-) was reflected in the auto-populated figure, then the assessee needs to reflect the said amount of Rs. 11,000/- as reversal under serial no. 4B (2) of GSTR-3B. Thereafter, when the invoices are received by the assessee from ISD, the ITC of Rs. 11,000/- is to be claimed in serial no. 4A (4) and also reflected in serial no. 4D (1). The discussion as regards following the procedure as prescribed in the Circular no. 170/02/2022-GST dated 06.07.2022 is not repeated for the sake of brevity.
3. Treatment of auto-populated figure of RCM credit in serial no. 4A(3) of GSTR-3B:- The figure auto-populated in serial no. 4A(3) of theGSTR-3B is always amended as most of the time, the amount of tax paid under RCM is different from the RCM entries reflected in GSTR-2B. Moreover, the auto-populated figure may also consist of RCM entries, the ITC of which is blocked such as rent-a-cab services. Consequently, the assessee will have to reflect the ineligible portion of ITC pertaining to RCM as reversal under serial no. 4B(1) of the GSTR-3B. Needless to repeat that since the clarification refers to table 4A without specific clauses, it is not advisable to reduce the said ineligible input tax credit from table 4A(3) of GSTR-3B.
4. Complications due to amendment in invoices by suppliers:- Practically, invoices are amended by the suppliers due to which assessees are in dilemma to report the transaction in the new format of GSTR-3B. To illustrate- One invoice issued in the month of June, 2022 involving ITC of Rs. 4500/- was wrongly uploaded by the supplier in GSTR-1 as Rs. 4300/-. As the ITC was wrongly reflected in GSTR-2B as Rs. 4300/-, the recipient assessee did not claim the ITC in the month of June, 2022. Thereafter, supplier amended the invoice in the month of August, 2022, due to which the net effect of Rs. 200/- was being reported in the auto-populated ITC under table 4A(5) of
the GSTR-3B. The assessee is unclear as to how to report this transaction in the new GSTR-3B. In our opinion, the assessee is required to add Rs. 4300/- in serial no. 4A(5) in the month of August, 2022 and also report Rs. 4300/- in 4D(1) of GSTR-3B.
5. Credit note reflected in GSTR-2B but not received by the recipient assessee in August, 2022:- There may be situation that the supplier issues credit note for an earlier invoice, in the month of August, 2022 which is reflected in GSTR-2B and the auto populated figure of table 4B(2) for the month of August, 2022. However, the recipient assessee has not reversed the said ITC as the credit note is pending to be received by them. In such a case, the assessee will have to reduce the amount of table 4B(2) by the said credit. Thereafter, the assessee will report the said credit in table 4B(2) on actual receipt of the credit note in the subsequent month.
6. Debit note reflected in GSTR-2B but not received by the recipient assessee in August, 2022:- There may be situation that the supplier issues debit note for an earlier invoice, in the month of August, 2022 which is reflected in GSTR-2B and the auto populated figure of
table 4A(5) in the month of August, 2022. However, the recipient assessee has not availed input tax credit as the debit note is pending to be received by them. In such a case, the assessee will have to reverse the said ITC in table 4B(2) and also reflect the said ITC in table 4D(1). Thereafter, the assessee will report the said ITC in table 4A(5) on actual receipt of the debit note in the subsequent month.
The list of problems faced by the assessees while filing GSTR-3B in new format is increasing day by day. It is hoped that the government issues suitable clarification to resolve various presentational disputes at the earliest possible so that proper compliance of filing GSTR-3B in the new format is being done by the assessee.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com